1. What is the proper role for courts relative to other branches? How should a judge go about making decisions? How should a judge apply vague ideas in the Constitution? – A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. – Congress shall make no law.... or abridging the freedom of speech, or of the press; – 14 th : due process, equal protection

2. Original Intent / Strict Constructionist Vs Contextualism / Living Constitution Danger of “Contextualism?”

3. Judicial Restraint vs Judicial Activism Scalia Explains

4. “Activist” = Liberal? Liberal Examples Miranda Roe v. Wade Lawrence v. Texas Conservative Activism? Bush v. Gore – 14 th Amendment – Scalia: 2 nd Amendment – McDonald v. Chicago (2010) 11 th Amendment 11 th Amendment – U of Alabama v. Garrett (2001) – ADA Citizens United (2010)

5. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

6. Colbert on Scalia

7. Notes us v. jones It is Alito’s quarrel with Scalia’s originalist approach that is most interesting today, echoing and even amplifying his jab at oral argument in a case about violent video games last year, that “what Justice Scalia wants to know is what James Madison thought about video games.” At argument in that case, Alito went further, observing that such games represent a “new medium that cannot possibly have been envisioned when the First Amendment was ratified” and that it was “entirely artificial” to analogize the Framers’ attitudes to violent books for children to violent games. Today Alito again invokes the artifice of the Scalia approach, poking fun at his obsession with what the Framers would have done with satellites and lasers by suggesting, “It is almost impossible to think of late-18th-century situations that are analogous to what took place in this case. (Is it possible to imagine a case in which a constable secreted himself somewhere in a coach and remained there for a period of time in order to monitor the movements of the coach’s owner?)” Then to ratchet up the absurdity, Alito answers his own question in a footnote: The teensy constable scenario "would have required either a gigantic coach, a very tiny constable, or both—not to mention a constable with incredible fortitude and patience."at oral argument in a case about violent video games last year